Judicial activism and legalization of the consumption ratio policy: an analysis of the jurisdictional control of contracts private health plans in the state of São Paulo

• Autor(a) principal: Mandarino, Renan Posella
• Data de Publicação: 2015
• Outros Autores: Freitas, Marisa Helena D´Arbo Alves de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Políticas Públicas (Online)
• DOI: 10.5102/rbpp.v5i2.3149
• Texto Completo: https://www.publicacoesacademicas.uniceub.br/RBPP/article/view/3149
• topic: Direito; Direito constitucional; Direito do consumidor; ativismo judicial; judicialização da política; direito do consumidor; planos de saúde

This article aims to analyze the moviment of legalization politics in the practice of consumption ratio in order to understand the control exercised by the Court of São Paulo in private health plans contract. Differentiate between judicial activism and legalization of politics, because of the specific analysis that aims to trace. Later research will focus on the politics of consumer relations and the ramifications of their principiológicas and normative bases. Finally, the legalization of the consumption ratio in health insurance contracts policy will be reviewed from the dockets issued by the Court of São Paulo. The methodological approach is deductive, because from the theory of judicialization and judicial activism is possible to understand the judicial review of health plan contracts. The work is literature and develops the concepts of judicial activism, legalization of politics and consumeristas practices. The conclusion reached is that the judicial review of the state of São Paulo contracts of health plans is a result of the significant amount of repetitive demands plaguing the Brazilian judiciary. Editing overviews of understanding to settle the matter cannot be understood as judicial activism. This is an inherent judicialization of politics, which is presented as inevitable phenomenon in the face of conflicts presented in post modern society act.